ORDINANCE NO - Penn Township



Penn Township

Snyder County, Pennsylvania

Flood Plain Ordinance

#2007-06

Ordinance No: 2007 – 06

Enacted and Ordained – November 7, 2007

Effective November 16, 2007

Amended XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

ORDINANCE NO. 2007 -06

AN ORDINANCE OF PENN TOWNSHIP, SNYDER COUNTY, PENNSYLVANIA, REQUIRING ALL PERSONS, PARTNERSHIPS, BUSINESSES, AND CORPORATIONS TO OBTAIN A PERMIT FOR ANY CONSTRUCTION OR DEVELOPMENT; PROVIDING FOR THE ISSUANCE OF SUCH PERMITS; SETTING FORTH CERTAIN MINIMUM REQUIREMENTS FOR NEW CONSTRUCTION AND DEVELOPMENT WITHIN AREAS OF THE TOWNSHIP WHICH ARE SUBJECT TO FLOODING; AND ESTABLISHING PENALTIES FOR ANY PERSONS WHO FAIL, OR REFUSE, TO COMPLY WITH THE REQUIREMENTS OF THIS ORDINANCE.

BE IT ENACTED and ORDAINED by the Board of Supervisors of Penn Township, Snyder County, Pennsylvania, and it is hereby enacted and ordained by the authority of the same as follows:

Table of Contents

ARTICLE I - General Provisions

Section 101 Intent

Section 102 Applicability

Section 103 Abrogation and Greater Restrictions

Section 104 Severability

Section 105 Warning and Disclaimer of Liability

ARTICLE II - Administration

Section 201 Permits Required

Section 202 Issuance of Permit

Section 203 Application Procedures and Requirements

Section 204 Review of Application by Others

Section 205 Changes

Section 206 Placards

Section 207 Start of Construction

Section 208 Inspection and Revocation

Section 209 Fees

Section 210 Enforcement

Section 211 Appeals

ARTICLE III - Definitions

Section 301 General

Section 302 Specific Definitions

ARTICLE IV - Identification of Floodplain Areas

Section 401 Identification

Section 402 Description of Floodplain Areas/Districts

Section 403 Changes in Identification of Area

Section 404 Boundary Disputes

ARTICLE V - Technical Requirements

Section 501 General

Section 502 Special Requirements for FW and FA Areas

Section 503 Elevation and Flood-Proofing Requirements

Section 504 Design and Construction Standards

Section 505 Uniform Construction Code Coordination

Section 506 Development Which May Endanger Human Life

Section 507 Special Requirements for Manufactured Homes

ARTICLE VI - Prohibited Activities

Section 601 General

ARTICLE VII - Existing Structures in Identified Floodplain Areas

Section 701 Existing Structures

Section 702 Improvements

ARTICLE VIII - Variances

Section 801 General

Section 802 Variance Procedures and Conditions

ARTICLE IX - Adoption

*list of all revisions per date amended – See notes as an attachment for reference only.

ARTICLE I

General Provisions

Section 101 Intent

The intent of this Ordinance is to;

A. promote the general health, welfare, and safety of the community,

B. to encourage the utilization of appropriate construction practices in order to prevent

or minimize flood damage in the future,

C. minimize danger to public health by protecting water supply and natural drainage,

D. reduce financial burdens imposed on the community, its governmental units, and

its residents by preventing excessive development in areas subject to flooding, and

E. comply with federal and state floodplain management requirements.

Section 102 Applicability

A. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Township unless a permit has been obtained from the Zoning Officer.

B. A permit shall not be required for minor repairs to existing buildings or structures.

Section 103 Abrogation and Greater Restrictions

This ordinance supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this Ordinance, the more restrictive shall apply.

Section 104 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the Ordinance, which shall remain in full force and effect, and for this purpose the provisions of this Ordinance are hereby declared to be severable.

Section 105 Warning and Disclaimer of Liability

The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Ordinance does not imply that areas outside any identified floodplain areas or that land uses permitted within such areas will be free from flooding or flood damages.

This Ordinance shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.

ARTICLE II

Administration

Section 201 Permits Required

Permits shall be required before any construction or development is undertaken within any area of the Township.

Section 202 Issuance of Permit

A. The Zoning Officer shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.

B. Prior to the issuance of any permit, the Zoning Officer shall review the application for the permit to determine if all other necessary government permits required by State and Federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act, Act 1966-537, as amended; the Pennsylvania Dam Safety and Encroachments Act, Act 1978-325, as amended; the Pennsylvania Clean Streams Act, Act 1937-394, as amended; and the U.S. Clean Water Act, Section 404, 33, U.S.C. 1344. No permit shall be issued until this determination has been made.

C. In the case of existing structures, prior to the issuance of any permit, the Zoning Officer shall review the history of repairs to the subject building, so that any repetitive loss issues can be addressed before the permit is issued.

D. No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action, have been notified by the Township and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office.

In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified by the Township

prior to any alteration or relocation of any watercourse.

Section 203 Application Procedures and Requirements

A. Application for such a permit shall be made in writing to the Zoning Officer on forms supplied by the Township. Such application shall contain the following:

1. Name and address of applicant.

2. Name and address of land owner on which proposed construction is to occur.

3. Name and address of contractor.

4. Site location including address.

5. Listing of other permits required.

6. Brief description of proposed work and estimated cost, including a breakout of the flood-related cost and the market value of the building before the flood damage occurred.

7. A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

B. If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:

1. all such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;

2. all utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and

3. adequate drainage is provided so as to reduce exposure to flood hazards, applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in Article 5, Section 501, of Stormwater Management Ordinance) as may be required by the Zoning Officer to make the above determination:

a. A completed permit application.

b. A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being equal to one hundred (100) feet or less, showing the following:

1. north arrow, scale, and date;

2. topographic contour lines, if available;

3. all property and lot lines including dimensions, and the size of the site expressed in acres or square feet;

4. the location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development;

5. the location of all existing streets, drives, and other access-ways;

6. the location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocity.

c. Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:

1. the proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;

2. the elevation of the one hundred (100) year flood;

3. if available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one hundred (100) year flood; and

4. detailed information concerning any proposed flood-proofing measures.

5. supplemental information as may be necessary under 34 PA Code, Chapter 401- 405 as amended, and Sec.1612.5.1, Section 104.7 and 109.3 of the 2003 IBC and Section R106.1.3 and R104.7 of the 2003 IRC.

4. The following data and documentation:

a. a document, certified by a registered professional engineer or architect, which- states that the proposed construction or development has been adequately designed to withstand the one hundred (100) year flood elevations, pressures, velocities, impact and uplift forces associated with one hundred (100) year flood. Such statement shall include a description of type and extent of flood-proofing measures which have been incorporated into the design of the structure and/or the development.

a. detailed information needed to determine compliance with Section 504 (F), Storage, and Section 506, Development Which May Endanger Human Life, including:

1. the amount, location and purpose of any dangerous materials or substances referred to in Sections 405 (F), Storage and 506, Development Which Endanger Human Life, which are intended to be used, produced, stored or otherwise maintained on site.

2. a description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in Section 506, Development Which May Endanger Human Life, during a one hundred (100) year flood.

c. the appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."

d. where any excavation of grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.

Section 204 Review of Application by Others

A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Zoning Officer to any other appropriate agencies and/or individuals e.g. planning commission, municipal engineer, County Conservation District, etc. for review and comment.

Section 205 Changes

After the issuance of a permit by the Zoning Officer, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Zoning Officer. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Zoning Officer for consideration.

Section 206 Placards

In addition to the permit, the Zoning Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance and be signed by the Zoning Officer.

Section 207 Start of Construction

Work on the proposed construction and/or development shall begin within six (6) months and shall be completed within twelve (12) months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Zoning Officer. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation of basement, footings, piers, or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street.

Time extensions shall be granted only if a written request is submitted by the applicant,

which sets forth sufficient and reasonable cause for the Zoning Officer to approve such a request.

Section 208 Inspection and Revocation

A. During the construction period, the Zoning Officer or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He shall make as many inspections during and upon completion of the work as are necessary.

B. In the discharge of his duties, the Zoning Officer shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Ordinance.

C. In the event the Zoning Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Zoning Officer shall revoke the building permit and report such fact to the Board of Supervisors for whatever action it considers necessary.

D. A record of all such inspections and violations of this ordinance shall be maintained.

E. The requirements of the 34 PA Code Chapter 401-405 and the IBC, Sections 109.3.3, 1612.5.1, 104.7 and 103.8 and the 2003 IRC, ACE. 1.3, 109.1.3 and R104.7 or latest revisions thereof pertaining to elevation certificates and record retention shall be considered.

Section 209 Fees

Fees for permits and the administration of the provisions of this ordinance shall be established from time to time by resolution of the Board of Supervisors.

Section 210 Enforcement

A. Notices

Whenever the Zoning Officer or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Ordinance, or of any regulations adopted pursuant thereto, the Zoning Officer shall give notice of such alleged violation as hereinafter provided. Such notice shall:

1. be in writing;

2. include a statement of the reasons for its issuance;

3. allow a reasonable time not to exceed a period of thirty (30) days for the

performance of any act it requires;

4. be served upon the property owner or his agent as the case may require;

provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this State; and

5. contain an outline of remedial action which, if taken, will effect compliance with the provisions of this ordinance.

B. Penalties

Any person who fails to comply with any or all of the requirements or provisions of this Ordinance or who fails or refuses to comply with any notice, order of direction of the Zoning Officer or any other authorized employee of the municipality shall be guilty of an offense and, upon conviction shall pay a fine to Penn Township of not less than Three Hundred Dollars ($300.) nor more than One Thousand Dollars ($1,000.) plus costs of prosecution. In default of such payment, such person shall be imprisoned in county prison for a period not to exceed thirty (30) days. Each day during which any violation of this Ordinance continues shall constitute a separate offense. In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this Ordinance. The imposition of a fine or penalty for any violation of, or noncompliance with, this Ordinance shall not excuse the violation or noncompliance or permit it to continue and all such persons shall be required to correct or remedy such violation and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this Ordinance may be declared by the Board of Supervisors to be a public nuisance and abatable as such.

Section 211 Appeals

A. Any person aggrieved by any action or decision of the Zoning Officer concerning the administration of the provisions of this Ordinance, may appeal to the Board of Supervisors. Such appeal must be filed, in writing, within thirty (30) days after the decision or action of the Zoning Officer.

B. Upon receipt of such appeal the Board of Supervisors shall set a time and place, within not less than ten (10) nor more than thirty (30) days, for the purpose of considering the appeal. Notice of the time and place at which the appeal will be considered shall be given to all parties.

C. Any person aggrieved by any decision of the Board of Supervisors may seek relief there from by appeals to court, as provided by the laws of this Commonwealth including the Pennsylvania Flood Plain Management Act.

ARTICLE III

Definitions

Section 301 General

Unless specifically defined below, words and phrases used in this Ordinance shall be interpreted so as to give this Ordinance its most reasonable application.

Section 302 Specific Definitions

Accessory use or structure

A use or structure on a same lot and of a nature customarily incidental and subordinate to the principal use or structure.

Basement

Any area of the building having its floor below ground level on all sides.

Building

A combination of materials to form a permanent structure having walls and a roof, included shall be all manufactured homes and trailers to be used for human habitation.

Completely dry space

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

Development

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

Essentially dry space

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

Flood

A temporary inundation of water over normally dry land areas.

Floodplain area

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

Flood-proofing

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway

The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this Ordinance, the floodway shall be capable of accommodating a flood of the one hundred (100) year magnitude.

Historic structure

Any structure that is:

a. Listed individually in the National Register of Historic Places , a listing maintained by the Department of Interior or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1. By an approved state program as determined by the Secretary of the Interior or

2. Directly by the Secretary of the Interior in states without approved programs.

Identified floodplain area

The floodplain area specifically identified in this Ordinance as being inundated by the one hundred (100) year flood. Reference FEMA maps.

Land development

Any of the following activities:

a) The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:

1. a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

2. the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

b) a subdivision of land.

Lowest floor

The lowest floor of the lowest fully enclosed area including basement. An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this ordinance.

Manufactured Home

A structure, transportable in one or more sections which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

Manufactured home park

A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for non-transient use.

Minor repair

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit-way requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

New construction

Structures for which the start of construction commenced on or after February 5, 1982 and includes any subsequent improvements thereto.

One hundred year flood

a flood that, on the average, is likely to occur once every one hundred (100) years, has one (1) percent chance of occurring each year, although the flood may occur in any year.

Person

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

Recreational vehicle

A vehicle which is: (a) built on a single chassis; (b) not more than 400 square feet, measured at the largest horizontal projections; (c) designed to be self-propelled or permanently towable by a light-duty truck; and (d) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory flood elevation

The one hundred (100) year flood elevation plus a freeboard safety factor of one and one-half (1-1/2) feet.

Repetitive loss

Flood related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of the market value of the structure before the damages occurred.

Special permit

A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.

Structure

Anything constructed or erected on the ground or attached to the ground including, but not limited to buildings, sheds, manufactured homes, and other similar items.

Subdivision

The division or re-division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

Substantial additions to manufactured home parks

Any repair, reconstruction, or improvement of an existing manufactured home park or manufactured home subdivision, where such repair, reconstruction, or improvement of the streets, utilities, and pads will equal or exceed fifty (50%) percent of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement is started.

Substantial damage

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceeds fifty (50) percent or more of the market value of the structure before the damage occurred.

Substantial improvement

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "repetitive loss" regardless of the actual repair work performed. The term does not, however include either:

a. a project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

b. An alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Township

Penn Township, of Snyder County, Pennsylvania

Uniform Construction Code (UCC)

The statewide building code adopted by The Pennsylvania General Assembly in 1999, applicable to new construction in all municipalities whether administered by the municipality, a third party, or the Department of Labor & Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and International Building Code (IBC) of 2003 by reference as the construction standard applicable with the Commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

ARTICLE IV

Identification of Floodplain Areas

Section 401 Identification

The identified floodplain area shall be any areas of Penn Township which are subject to the one hundred (100) year flood, as identified in the Flood Insurance Study (FIS) dated November 16, 2007, and the accompanying maps prepared for the Township by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof.

Section 402 Description of Floodplain Areas/Districts

The identified floodplain shall consist of the following specific areas/districts:

A. FW (Floodway Area) - the areas identified as "Floodway" in the AD Zone in the Flood Insurance Study as prepared by the Federal Emergency Management Agency (FEMA). The term shall also include floodway areas which have been identified in other available studies or sources on information for those floodplain areas where no floodway has been identified in the Flood Insurance Study (FIS).

B. FF (Flood-Fringe Area) - the remaining portions of the one hundred (100) year floodplain in those areas identified as an AE Zone on the Flood Insurance Study, where floodway has been delineated. The Basis for the outermost boundary of this area shall be the one hundred (100) year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.

C. FA (General Floodplain Area) - the areas identified as Zone A in the FIS for which no one hundred (100) year flood elevations have been provided. When available, information from other federal, state and additional acceptable sources shall be used to determine the one hundred (100) year elevation, as well as a floodway area, if possible. When no other information is available, the one hundred (100) year flood elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.

In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by registered professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Township.

Section 403 Changes in Identification of Area

The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or a person, documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.

Section 404 Boundary Disputes

Should a dispute concerning any identified floodplain boundary arise, any party aggrieved may appeal to the Board of Supervisors. The burden of proof shall be on the appellant.

ARTICLE V

Technical Requirements

Section 501 General

A. No encroachment, alteration, or improvement of any kind shall be made to any

watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.

B. Any new construction, development, uses or activities allowed within any identified floodplain area, shall be undertaken in strict compliance with the provisions contained in this Ordinance and any other applicable codes, ordinances and regulations.

Section 502 Special Requirements for FW and FA Areas

A. With any FW (Floodway Area) the following provisions apply:

1. Any new construction, development, use, activity, or encroachment that would cause any increase in flood heights shall be prohibited.

2. No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.

B. Within any FA (general Floodplain Area) the following provisions apply:

1. No new construction or development shall be located within the area measured fifty (50) feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection Regional Office.

2. Any new construction or development which would cause any increase in flood heights shall be prohibited within any floodway area.

Section 503 Elevation and Flood-Proofing Requirements

A. Residential Structures

Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor, including basement, elevated to at least the regulatory flood elevation. The design and construction standards and specifications contained in the 2003 IBC, Sec. 1612.4, 1603.1.6 and 3403.1 and in the 2003 IRC, Sec. ALE. 1.4, R323.2.1, and R323.2.2 and ASCE 24, Sec. 2.4 and 2.5, Chap. 5 and 34 PA Code, Chapters 401-405 as amended, shall be utilized.

B. Non-residential Structures

1. Within any identified floodplain area, any new construction or substantial

improvement of a non-residential structure shall have the lowest floor, including basement, elevated to at least the regulatory flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.

2. Any non-residential structure, or part thereof, having a lowest floor which is not elevated to at least one and one half (1-1/2) feet above the one hundred (100) year flood elevation, shall be flood-proofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers, June 1972, as amended March 1992, or with some other equivalent standard. All plans and specifications for such flood-proofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.

3. The design and construction standards and specifications contained in the IBC Sec. 1603.1.2, 1603.1.6, 1605.2.2, 1606.5, 1612.5.1 and 3403.1 and ASCE-24, Sec. 2.4 and Chap 7 and 34 PA Code, Chapters 401-405 as amended, shall be utilized.

C. Space below the lowest floor

1. Fully enclosed space below the lowest floor, including basement, is

prohibited.

2. Partially enclosed space below the lowest floor, including basement, which

will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

a. A minimum of two openings having a net total area of not less than one (1) square inch for every square foot of enclosed space.

b. The bottom of all openings shall be no higher than one (1) foot above grade.

c. Openings may be equipped with screens, louvers, etc. or other

coverings or devices provided that they permit the automatic entry and exit of floodwaters.

3. Consideration may be given to the requirements of 34 PA Code, Chapters 401-405 as amended and the 2003 KG, Sec. R323.2.2 and R323.1.4 and the 2003 IBC, Sec. 1612.4, 1612.5, 1202.3.2 and 1203.3.3.

D. Accessory Structures

Structures accessory to a principal building need not be elevated or flood proofed to remain dry, but shall comply, at a minimum, with the following requirements:

1. The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.

2. The floor area shall not exceed 600 square feet.

3. The structure will have a low damage potential.

4. The structure will be located on the site so as to cause the least obstruction

to the flow of flood waters.

5. Power lines, wiring, and outlets will be at least one and one-half (1-1/2)

feet above the 100 year flood elevation.

6. Permanently affixed utility equipment and appliances such as furnaces,

heaters, washers, dryers, etc., are prohibited.

7. Sanitary facilities are prohibited.

8. The structure shall be adequately anchored to prevent flotation or movement

and shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

a. A minimum of two openings having a net total area of not less than

one (1) square inch for every square foot of enclosed space.

b. The bottom of all openings shall be no higher than one (1) foot

above grade.

c. Openings may be equipped with screens, louvers, etc. or other

coverings or devices provided that they permit the automatic entry and exit of floodwaters.

Section 504 Design and Construction Standards

The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:

A. Fill - If fill is used, it shall:

1. extend laterally at least fifteen (15) feet beyond the building line from all

points;

2. consist of soil or small rock materials only - sanitary landfills shall not be permitted;

3. be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;

4. be no steeper than one (1) vertical foot to two (2) horizontal feet unless substantiated data, justifying steeper slopes are submitted to, and approved by the Zoning Officer and,

5. be used to the extent to which it does not adversely affect adjacent properties.

B. Drainage Facilities

Storm drainage facilities shall be designed to convey the flow of storm water runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

C. Water and Sanitary Sewer Facilities and Systems

1. All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.

2. Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into flood waters.

3. No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all State and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.

4. The design and construction provisions of the UCC and 34 PA Code, Chapters 401-405 as amended and contained in the 2003 IBC, Appendix G, Sec. 401.3 and 401.4, the 2003 IRC, Sec. 323.1.6, the ASCE 24-98, Sec. 8.3, APE #348, Protecting Building Utilities From Flood Damages and The International Private Sewage Disposal Code, Chapter 3, shall be utilized.

D. Other Utilities

All other utilities such as gas lines, electrical and telephone systems shall be located and elevated where possible and constructed to minimize the chance of impairment during a flood.

E. Streets

The finished elevation of all new streets shall be no more than one (1) foot below the Regulatory Flood Elevation.

F. Storage

All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in Section 506, Development Which May Endanger Human Life, shall be stored at least one and one-half (1-1/2) feet above the Regulatory Flood Elevation and/or flood-proofed to the maximum extent possible.

G. Placement of Buildings and Structures

All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water.

H. Anchoring

1. All buildings and structures shall be firmly anchored in accordance with

accepted engineering practices to prevent flotation, collapse, or lateral movement.

2. All air ducts, large pipes, storage tanks and other similar objects or

components located below the Regulatory Flood Elevation shall be securely anchored or affixed to prevent floatation.

3. The design and construction requirements of the UCC pertaining to this

subsection as referred to in 34 PA Code, Chapters 401-405 as amended and contained in the 2003 IBC Sec. 1605.2.2, 1605.3.1.2, 1612.4 and Appendix G501.3, the IRC, Sec. R301.1, R323.1.1 and ASCE 24-98, Sec. 5.6 shall be utilized. Disposal Code, Chapter 3 shall be utilized.

I. Floors, Walls and Ceilings

1. Wood flooring used at or below the Regulatory Flood Elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.

2. Plywood used at or below the Regulatory Flood Elevation shall be of a “marine” or “water-resistant” variety.

3. Walls and ceilings at or below the Regulatory Flood Elevation shall be designed and constructed of materials that are “water-resistant” and will withstand inundation.

4. Windows, doors, and other components at or below the Regulatory Flood Elevation shall be made of metal or other “water-resistant” material.

5. The provisions of the UCC pertaining to this subsection and referenced in the 34 PA Code, Chapters 401-405 as amended and contained in the 2003 IBC , Sec. 801.1.3, 1403.4, 1403.6 and 1404.2, and 2003 IRC, Sec. R323.1.7 and R501.3 and ASCE-24-98, Chapter 6.

J. Paints and Adhesives

1. Paints and other finishes used at or below the Regulatory Flood Elevation shall be of “marine” or “water-resistant” quality.

2. Adhesives used at or below the Regulatory Flood Elevation shall be of a “marine” or “water-resistant” variety.

3. All wooden components i.e. doors, trim, cabinets, etc. shall be finished with a “marine” or “water-resistant” paint or other finishing material.

4. The standards and specifications contained in 34 PA Code, Chapters 401-405 as amended. The 2003 IBC, Sec. 801.1.3, 1403.7, Appendix G and the 2003 IRC, Sec. R323.1.7.

K. Electrical Components

1. Electrical distribution panels shall be at least three (3) feet above the one hundred (100) year flood elevation.

2. Separate electrical circuits shall serve lower levels and shall be dropped

from above.

3. The provisions pertaining to the above provisions and referenced in the

UCC and 34 PA Code, Chapters 401-405 as amended and contained in the 2003 IBC, Sec. 1612.4, the IRC, Sec. R323.1.5, the 2000 IFGC, Sec. R301.5 and R1601.3.8 and ASCE 24, Chapter 8 shall be utilized.

L. Equipment

Water heaters, furnaces, air conditioning, ventilating units, and other mechanical or utility equipment or apparatus shall be located at least one and one-half (1-1/2) feet above the Regulatory Flood Elevation.

The provisions pertaining to the above provision and referenced in the UCC and 34 PA Code, Chapters 401-405, as amended and contained in the 2003 IBC, Sec. 1612.4, the 2003 IRC, Sec. R323.1.5. The 2000 IFGC, Sec. R301.5 and R1601.3.8, and the ASCE 24, Chapter 8 shall be utilized.

M. Fuel Supply Systems

All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.

Section 505 Uniform Construction Code Coordination

The Standards and Specifications contained 34 PA Code, Chapters 401-405, as amended and not limited to the following provisions shall apply to the above and other sections and subsections of this ordinance, to the extent that they are more restrictive and/or supplement the requirements of this ordinance.

International Building Code (IBC) 2003 or the latest edition thereof: Sec. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.

International Residential Building Code (IRC) 2003 or the latest edition thereof: Sec. R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.

Section 506 Development Which May Endanger Human Life

A. In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:

1. will be used for the production or storage of any of the following dangerous materials or substances; or

2. will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or

3. will involve the production, storage, or use of any amount of radioactive substances; shall be subject to the provisions of this section, in addition to all other applicable provisions.

*The following list of materials and substances are considered dangerous to human life:

1. Acetone

2. Ammonia

3. Benzene

4. Calcium carbide

5. Carbon disulfide

6. Celluloid

7. Chlorine

8. Hydrochloric acid

9. Hydrocyanic acid

10. Magnesium

11. Nitric acid and oxides of nitrogen

12. Petroleum products i.e. gasoline, fuel oil, etc.

13. Phosphorus

14. Potassium

15. Sodium

16. Sulphur and sulphur products

17. Pesticides including those for insects, fungi, and rodents.

18. Radioactive substances, insofar as such substances are not otherwise regulated.

B. Within any identified flood plain areas, any structure of the kind described in Subsection A above shall be prohibited.

Section 507 Special Requirements for Manufactured Homes

A. Within any FW (Floodway Area), manufactured homes shall be prohibited.

B. Within any FA (General Floodplain Area), manufactured homes shall be

prohibited within the area measured fifty (50) feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection Regional Office.

C. Where permitted within any identified floodplain area, all manufactured homes, and any improvements thereto, shall be:

1. placed on a permanent foundation;

2. elevated so that the lowest floor of the manufactured home is one and one-half (1-1/2) feet or more above the elevation of the one hundred (100) year flood;

3. anchored to resist flotation, collapse, or lateral movement;

4. installed in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2003 International Residential Building Code or the U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto shall apply and 34 PA Code Chapter 401-405;

5. installed as closely as practicable per the requirements of the 2003 IBC, Appendix G, Sec. 501.1-3 and the 2003 IRC, Sec. R323.2, R323.3, R102.7.1, and Appendix AE101, 604 and 605 or the most recent revisions thereto and 34 PA Code Chapter 401-405, as amended where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the units' proposed installation.

ARTICLE VI

Prohibited Activities

Section 601 General

In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any identified floodplain area:

A. The commencement of any of the following activities, or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:

1. hospitals

2. nursing homes

3. jails or prisons

B. The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.

ARTICLE VII

Existing Structures In Identified Floodplain Areas

Section 701 Existing Structures

The provisions of this Ordinance do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Section 702 shall apply.

Section 702 Improvements

The following provisions shall apply whenever any improvement is made to all existing structure located within any identified floodplain area:

A. No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one hundred (100) year flood.

B. No expansion or enlargement of an existing structure shall be allowed within any FE area that would, together with all other existing and anticipated development, increase the one hundred (100) year flood elevation more than one (1) foot at any point.

C. Any modification, alteration, reconstruction, or improvement, of any kind to an existing structure, to an extent or amount of fifty (50) percent or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Ordinance.

The above activity shall also address the requirements of the 34 PA Code Chapters 401-405, as amended and the 2003 IBC, Sec. 3402.1 and 1612.4 and the 2003 IRC, Sec. R105.3.1.1 and R323.1.4.

D. Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this Ordinance.

E. The requirements of 34 PA Code Chapter 401-405, as amended and the 2003 IRC, Sec. R102.7. 1, R105.3.1, R105.3.1.1 and Appendices E and J or the latest revision thereof and the 2003 IBC, Sec. 101.3, 3403.1 and Appendix G or the latest revision thereof shall also be utilized in conjunction with the provisions of this section.

ARTICLE VIII

Variances

Section 801 General

If compliance with any of the requirements of this Ordinance would result in an exceptional hardship to a prospective builder, developer or landowner, the Township may, upon request, grant relief from the strict application of the requirements.

Section 802 Variance Procedures and Conditions

Requests for variances shall be considered by the Township in accordance with the procedures contained in Section 211, Appeals, and the following:

A. No variance shall be granted for any construction, development, use, or activity

within any floodway area that would cause any increase in the one hundred (100) year flood.

B. No variance shall be granted for any of the requirements pertaining specifically

to Development Which May Endanger Human Life, Section 506, or Prohibited Activities, Article VI.

C. If granted, a variance shall involve only the least modification necessary to

provide relief.

D. In granting any variance, the Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this Ordinance.

E. Whenever a variance is granted, the Township shall notify the applicant in writing

that:

1. The granting of the variance may result in increased premium rates for flood insurance.

2. Such variances may increase the risks to life and property.

F. In reviewing any request for a variance, the Township shall consider, at a minimum, the following:

1. That there is good and sufficient cause.

2. That failure to grant the variance would result in exceptional hardship to the applicant.

3. That the granting of the variance will: neither result in an

unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, or create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.

G. A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one hundred (100) year flood.

ARTICLE IX

This Ordinance shall become effective from and after the date of its approval and adoption as provided by law.

Enacted and ordained by the Board of Supervisors of Penn Township, Snyder County, Pennsylvania, this _______________day of _____________________, 2013.

ATTEST: PENN TOWNSHIP SUPERVISORS

____________________________ ___________________________

Secretary Chairman

____________________________

Supervisor

____________________________

Supervisor

PENN TOWNSHIP FLOOD PLAIN ORDINANCE – 2007 - 06

LIST OF AMENDMENTS 2013

In addition to the following list of amendments to the Penn Township Flood Plain Ordinance 2007–06 corrections were made to spelling, formatting and grammatical errors. Section and article titles were added and /or corrected throughout the ordinance. Some sections were re -lettered or re- numbered as needed. All substantive changes made to Penn Township Flood Plain Ordinance 2007-06, are listed below:

“Permit Officer” and “Building Permit Officer” was changed to” Zoning Officer” throughout entire ordinance. Examples shown below.

A Table of Contents was added.

The previous Section 8, Definitions, was moved to Section 3, thus, each section number following, advanced one place.

Section 203 Application Procedures and Requirements

A. Application for such a Permit shall be made, in writing, to the Permit changed to: Zoning Officer on forms supplied by the Township. Such application shall contain the following:

1. Name and address of applicant.

2. Name and address of added: land owner of land on which proposed construction is to occur.

3. Name and address of contractor.

4. Site location including address.

5. Listing of other permits required.

6. Brief description of proposed work and estimated cost, including breakout of the flood-related cost and the market value of the building before the flood damage occurred.

7. A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

B. If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the changed to : Zoning Permit Officer to determine that:

203 (B) 3. adequate drainage is provided so as to reduce exposure to flood hazards, applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in Added in : Article 5,Section 5.01, of Stormwater Management Ordinance) as may be required by the changed to : Zoning Permit Officer to make the above determination:

203 (B) 4 (b) (1 + 2)

b. detailed information needed to determine compliance with Section 4.03.F. change to : 504 (F), Storage, and Section 4.05. change to: 506, Development Which May Endanger Human Life, including:

1. the amount, location and purpose of any dangerous materials or substances referred to in Sections 4.03 F. change to: 405 (F), and 4.05 change to: 506, which are intended to be used, produced, stored or otherwise maintained on site.

2. a description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in Section 4.05 change to: 506, during a one hundred (100) year flood

Section 211 C Appeals

A. Any person aggrieved by any decision of the Board of Supervisors may seek relief there from by appeals to court, as provided by the always Changed to: laws of this Commonwealth including the Pennsylvania Flood Plain Management Act.

Identified floodplain area

The floodplain area specifically identified in this Ordinance as being inundated by the one hundred (100) year flood. Added: Reference FEMA maps.

Section 3.01 changed to: 402 Description of Floodplain Areas/Districts

The identified floodplain shall consist of the following two specific areas/districts:

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